ART. 52] CRIMINAL JURISDICTION. 706.

ceedings for the recovery of any penalty for doing or omitting to do
any act within their respective Counties, the doing of which or the
omission to do which, is made punishable under the laws of this State
by any pecuniary fine or penalty, or by imprisonment in jail or in the
Maryland House of Correction, all of which acts or omissions are here-
by declared to be criminal offenses; and the said Justice shall have
power to issue all process, and to do all acts which may be necessary for
the exercise of their said jurisdiction, and may pronounce judgment
and sentence in all such cases coming before them, in the same manner,
and to the same extent as the Circuit Courts for said Counties could,
if such cases had been tried before said Courts; provided, however,
that the accused, when brought before any such Justice, on being in-
formed by him of his right to trial by jury, freely elects to be tried
before such Justice, and provided, further, that a jury trial be not
prayed in such case on the part of the State by the State's Attorney.
If after a trial before the Justice either party shall feel aggrieved by
his judgment there shall be a right of appeal within ten days to the
Circuit Court for the County in which the alleged offense is charged
to have been committed, and in all cases where a jury trial is prayed
by the State, or the accused elects to be tried by jury, or appeals from
the judgment of the Justice, the Justice shall take from the accused
his recognizance with sufficient surety conditioned for his personal
appearance to answer said charge at the then session (if there be a ses-
sion) of the Circuit Court of their respective Counties, or the next
session of said Court, if it be not then in session; and in default of the
accused entering into such recognizance the Justice shall commit him
to jail for his appearance at such Court to answer such charge, and
shall at once return the recognizance, if there be one, and all papers
and proceedings in such case, including a copy of his judgment (in
appeal cases) together with the name and residence of the witnesses for
the prosecution to the Clerk of said Court, who shall place such case
on the appeal docket of said Court and issue subpoenas for the witnesses
named by the Justice only upon the written order of the State's Attor-
ney, and the case shall be then tried in said Court on the information
or warrant. When an appeal shall be taken by the accused after the
execution of sentence has begun, by confinement in jail or the Mary-
land House of Correction, the Justice, on sufficient surety being given
for the accused's appearance at Court as hereinbefore required, shall
at once transmit an order reciting this fact to the officer in whose cus-
tody he may be, and directing his discharge, and in default of such
surety being given, the Justice shall send a commitment to the Sheriff
of the County, commanding him to receive the prisoner and hold him
for his appearance at Court to answer said charge; and on the pre-
sentation of a copy of such commitment by the Sheriff to the officer in
whose custody the prisoner may be, such officer shall at once deliver
the prisoner to the Sheriff; and it shall be the duty of the Sheriffs of

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